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HomeMy WebLinkAbout0007 APPROVED BY COUNCIL 5/?3/74 1/: c - ~ ) , ! '- \.. I T E M P 0 R A R Y E A S E MEN T KNOW ALL MEN BY THESE PRESENTS, that Charles F. Potuzak of Jefferson County, State of Colorado, hereinafter called the "Grantor", for and in consideration of the sum of ONE HUNDRED DOLLARS ($100.00), and other valuable considerations paid in hand by the CITY OF WHEAT RIDGE, COLORADO, hereinafter called the "City", receipt of which is hereby acknowledged, has given and granted and by these presents does hereby give and grant subject to the terms and conditions contained within this agree- ment, unto the said City an ~j:iQ.n.,tQ_,Q.g,WLe__~RIGHT-:-OF-WAY and EASEMENT on, along, over and across the following descrined premises, to 'wit: A parcel of land situated in the SW~ of the NE~ of Section 22, Township 3 South, Range 69 West of the 6th Principal Meridian in Jefferson County, Colorado, more particularly des- cribed as follows: The northeast portion of a parcel in the southwest ~ northeast ~ and the northeast ~ southeast ~ of Section 22, T 3S, R 69W, 6 P.M. and described in book 2318 page 885; said parcel being south of West 44th Avenue and west of Clear Creek starting at a point on the south ROW of West 44th Avenue at its intersection with the east ROW of Field Street which point is 508.2' east of the center line of Section 22; thence east along said south ROW a distance of 284' to the true point of beginning, thence south 380 51' east a distance of 165', thence south 680 40' east 174' to a point on the west bank of Clear Creek; thence north 210 17' east a distance of 90' to the o south ROW of West 44th Avenue, thence north 68 40' west along said south ROW a distance of 317 feet to a poi lIt of beginning containing 0.52 A. MIL. For the purpose of: Construction of Bridge And Related Appurtances Subject to the following terms and conditions: 1. The City may exercise this option at its election at any time prior to January 1, 1-~]2._by tendering to the Grantor nlne h undre d dOl Tar 8-''\$'900 . 0 0) . 2. Should the City so exercise its option said easement will be in effect for six (6) mon~~~_and will begin upon actual commencement of construction work. 3. Should the construction period extend beyond a six month period of time, the City shall pay over to the Grantor the amount of one hundred sixty-seven dollars ($167.00) per month or a pro rata amount thereof, but shall not exceed an additional six months. 4. The owner agrees to remove at the City's expense, any materials presently stored on said easement within thirty (30) days following execution of item number 1 and at the conclusion of the use of the easement by the City, said materials shall be moved back onto the easement by the owner at the City's expense. 5. No permanent structures shall be erected on said easement. 6. Prior to completion of the project, the temporary detour will be removed and the easement will be restored equal to or better than its original condition, with the exception that the paved detour within the easement may at the Grantor's request be left in place. ,- 1 - 7. At the time the City exercises its option for said easement, it shall construct a temporary fence, at least six (6) feet in height, with three (3) strands of barbwire, along the boundary of the easement abutting the property owned by the Grantor, which fence shall be removed by the City on the completion of the project. IN WITNESS WHEREOF, handt,(s) and seales) this A.D., 19 1\( (;re) Ha'-l ".. hereunto set ':>.'\~ day of ~, :;, ,', -\. >\"-.'--\ -\. ~t /b't'L:J. (Grantor) ~, ) , ! Ij (Corporate Secretary) State of County of ( \. " , '--~,,-~~ "'~ .~ '.' \ '. '\'- ""~Q 'Z,,~"('~,:...:)ll......- ''" ss. The foregoing instrument was acknowledged before me this -:";)..\ ..~ day of _ ~"',::.'-'-. , 19~, by Wi tnesS~~h~~d"~~ - ~i1';i~'i t-eal. > ..- --'"'"' ''/ ' L /<..//1 -7 ....-- -L- ~~ '.' ~../ ~ ....1.- c-(-N-6 G~y Pub li c) , r"'&"-- Approved~as to form: Recommended: , "', .. ~ / f ,fe' ''", t~'1 /// l:Of t~ '~ttorney '- ,c1' ,/J'~ ' I ; Director of Public Works Approved: Approved: .""- I :__...r'_ -'l.... , L, ' ~/~~ Mayor, City of Wheat Ridge City Administrator Attest: ~ 'f~t-, CJ.: ~ Clerk /) ",<, ~' , ,~!, '2 (J1/~1 /l4-t. " .....